Building Control Act · 2023 Revised Edition · Part · General
54. Offences by bodies corporate etc.
Official textFrom Attorney General's Chambers, unchanged
Where an offence against this Act or the building regulations has been committed by a body corporate, every officer of the body corporate shall also be guilty of the offence and liable to be proceeded against and punished accordingly unless the officer proves that —
building regulations
“building regulations” means any regulations made under section 74;
the offence was committed without the consent or connivance of the officer; and
the offence was not attributable to any neglect on his part.
Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Where an offence against this Act or the building regulations has been committed by a partnership, each partner of the partnership shall also be guilty of the offence and liable to be proceeded against and punished accordingly unless the partner proves that —
the offence was committed without the consent or connivance of the partner; and
the offence was not attributable to any neglect on his part.
Where an offence against this Act or the building regulations has been committed by an unincorporated association (other than a partnership), every officer of the unincorporated association and every member of its governing body shall also be guilty of the offence and liable to be proceeded
Building Control against and punished accordingly unless the officer or member, as the case may be, proves that —
building
“building” means any permanent or temporary building or structure and includes — (a) a hut, shed or roofed enclosure; (b) a kiosk or stall, movable or otherwise; (c) an earth retaining or stabilising structure, whether permanent or temporary; (d) a dock, wharf or jetty; (e) a floating structure, not being a boat or vessel, constructed or to be constructed on a flotation system that — (i) is or is to be supported by water; (ii) is not intended for or useable in navigation; and (iii) is or is to be permanently moored; (f) a culvert, crossing, access road, bridge, underpass or tunnel; (g) a sewage treatment plant, sewer, drain, swimming pool or any non-proprietary type of concrete tank for the storage of any solid, liquid or gaseous product; and (h) such other erection or structure (whether permanent or temporary) as the Minister may, by order published in the Gazette, declare to be a building;
the offence was committed without the consent or connivance of the officer of the unincorporated association or member of its governing body, as the case may be; and
the offence was not attributable to any neglect on the part of that officer or member.
In this section —
“officer” —
in relation to a body corporate, means any director, partner, member of the committee of management,
Chief Executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or
in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner.
The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make regulations providing for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the written law of a country or territory outside
Brunei Darussalam.
Terms defined in s 2
building
Defined · s 2“building” means any permanent or temporary building or structure and includes — (a) a hut, shed or roofed enclosure; (b) a kiosk or stall, movable or otherwise; (c) an earth retaining or stabilising structure, whether permanent or temporary; (d) a dock, wharf or jetty; (e) a floating structure, not being a boat or vessel, constructed or to be constructed on a flotation system that — (i) is or is to be supported by water; (ii) is not intended for or useable in navigation; and (iii) is or is to be permanently moored; (f) a culvert, crossing, access road, bridge, underpass or tunnel; (g) a sewage treatment plant, sewer, drain, swimming pool or any non-proprietary type of concrete tank for the storage of any solid, liquid or gaseous product; and (h) such other erection or structure (whether permanent or temporary) as the Minister may, by order published in the Gazette, declare to be a building;
building regulations
Defined · s 2“building regulations” means any regulations made under section 74;